In a decision earlier this month, the U.S. District Court for the District of Columbia dismissed all claims brought by Public Employees for Environmental Responsibility (PEER), an environmental group seeking to force the U.S. Environmental Protection Agency (EPA) to prematurely issue regulations for certain PFAS in biosolids.
In the decision, the court held that the Clean Water Act does not require EPA to identify and regulate new pollutants in biosolids within a particular timeframe. The court also held that EPA’s failure to list new pollutants in biosolids as potentially toxic to human health or the environment does not constitute a “final” agency action subject to court challenges.
The court’s arguments aligned with those made by the National Association of Clean Water Agencies (NACWA) and the U.S. Department of Justice on behalf of EPA.
NACWA said it fought to intervene in the litigation over PEER’s strenuous objections to ensure that the voice of the public clean water utilities responsible for managing biosolids every day was heard by the court, and to try to prevent biosolids regulations from being promulgated as a result of piecemeal private lawsuits rather than well-established, transparent Clean Water Act processes.
NACWA said the decision represents a major win for the sector, as it will allow EPA to continue scientifically assessing the potential risks posed by PFAS in biosolids prior to making any determinations about the need for Clean Water Act regulations.
NACWA said it would like to thank its legal affiliate Beveridge & Diamond PC for its strong representation of NACWA in the litigation.
PEER has 60 days to file an appeal of the decision. NACWA said it will keep members updated on developments in the case as they occur. In the interim, members may contact NACWA’s Chief Legal Officer Amanda Aspatore, with any questions.
Source: National Association of Clean Water Agencies, Law360
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